Oklahoma car accident law: deadlines, fault and your claim

Filing deadlines in Oklahoma#

Oklahoma's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for most crash claims is in Title 12 of the Oklahoma Statutes. The injury and property deadlines usually run from the day of the crash.

The wrongful death statute sets the length of the period but does not say in its text when the clock starts, so a licensed attorney can confirm the date that applies to a family's claim.

Injured children. Under Okla. Stat. tit. 12, § 96, a person under a legal disability, such as a minor, can bring the claim within one year after the disability ends. This kind of extension is a form of tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary, and it can give an injured child extra time after reaching adulthood.

Claims against the government. Oklahoma's Governmental Tort Claims Act requires a written claim within one year of the loss, filed with the state's Risk Management Administrator or with the clerk of the city, county or other local body. The government body then has 90 days to approve the claim in full. If it does not, the claim counts as denied, and a lawsuit must be filed within 180 days of the denial. The Act also limits how much a government body can be made to pay; a licensed attorney can confirm the current limits.

You can compare deadlines in other states with the deadline lookup tool.

How fault is shared in Oklahoma#

Oklahoma's comparative negligence law, Okla. Stat. tit. 23, § 13, lets you recover even if you were partly to blame for the crash. Your damages are reduced by your share of the fault. If your share is greater than 50%, you recover nothing.

Adjusters apply the same rule when they negotiate. Try the fault-rule explainer to compare Oklahoma with other states.

Insurance in Oklahoma#

Oklahoma drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Oklahoma is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Personal injury protectionPersonal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary (PIP) is not required.

• Uninsured motorist coverage: Optional: not part of the required minimum; can be added to a policy. It pays when the at-fault driver has no insurance or too little. The Insurance Information Institute estimates that 12.0% of Oklahoma drivers were uninsured in 2023, compared with 15.4% nationally. See uninsured driver accidents.
• Medical payments coverage: Optional: can be purchased. It pays medical bills up to a set limit, whoever caused the crash.

The Oklahoma Insurance Department answers questions and takes complaints about insurers at 800-522-0071 (in-state); 405-521-2828 (Oklahoma City).

After a crash in Oklahoma#

When a crash injures someone or damages a vehicle, Oklahoma law requires you to give your correct name and address and the registration number of the vehicle you are driving to the other driver or the person hurt. If police come to the scene, ask the officer for the report number; insurers will ask for it.

Oklahoma also has a less familiar reporting rule. If a crash caused injury, death or apparent damage over $300, and the claims have not been settled within 6 months, each driver must file a written crash report with the Oklahoma Department of Public Safety. The Department then contacts the other drivers to check whether each one had the insurance the law requires.

To get a copy of the crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary, request it from Service Oklahoma with the Collision Request for Records form, by mail or in person (not by email). A copy costs $7, or $10 for a certified copy. By law you can get your own report; others can get it only for listed reasons, such as an insurance claim, a legal matter or the driver's written consent. Reports written by city police or a sheriff's office come from that agency. Read more about police reports.

Special rules in Oklahoma#

Uninsured drivers lose pain and suffering. Under Okla. Stat. tit. 47, § 7-116, a person who was not insured as the Compulsory Insurance Law requires can recover only medical costs, property damage and lost income, not pain and suffering. The rule does not apply in some cases, including:

• the at-fault driver was convicted of, or pleaded guilty or no contest to, driving under the influence, or died in the crash;
• you were a passenger who did not own the vehicle, or you were not in a vehicle involved in the crash, such as a pedestrian;
• the claim is for wrongful death; or
• the crash was caused on purpose, by a driver who left the scene, or during a felony.

Punitive damages are capped. When a defendant acted in reckless disregard of the rights of others, punitive damagesPunitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary are limited to the greater of $100,000 or the actual damages awarded. Higher limits apply to more serious misconduct.

Seat belt use is evidence. Whether you wore a seat belt can be put into evidence in a civil suit, unless the injured person suing is a child under 16, under Okla. Stat. tit. 47, § 12-420. See pain and suffering for how these damages work.

Crashes on Oklahoma roads#

The Insurance Institute for Highway Safety counted 645 crash deaths in Oklahoma in 2024, or 15.7 per 100,000 people, against a national rate of 11.5 per 100,000 people. Rural roads accounted for 58% of the state's crash deaths, and 37% were speeding-related.

Finding a lawyer in Oklahoma#

The Oklahoma Bar Association offers a Find a Lawyer directory that you can search by practice area, city or county, or language. It is a voluntary listing: lawyers choose to appear, and the bar does not endorse them. The bar's phone numbers are 405-416-7000 or 800-522-8065 (toll-free). Before you hire anyone, check the lawyer's status in the bar's member verification search, which shows whether a lawyer is in good standing. See how to check a lawyer's license for what else to look for.